What are the Residency Requirements for Illinois Divorces?
Walter Jackowiec III
Illinois managing attorney at Marble Law
Key Takeaways
- At least one spouse must have lived in Illinois for at least 90 days before either person may file for divorce in the state.
- Military personnel stationed in Illinois for at least 90 days can file for divorce in the state even if they don’t reside there.
- In most but not all cases, Illinois has jurisdiction over child custody matters if the child has lived in the state for at least six months before custody proceedings begin.
In Illinois, and many other states, you can’t file for divorce unless you meet what’s called the residency requirements. The purpose of this is to prove that Illinois has jurisdiction over the parties and assets in your divorce. Jurisdiction refers to the legal authority of a court to hear and decide a particular case.
The residency requirement for filing for divorce in Illinois is 90 days. This means one spouse must have resided in the state for at least 90 days before either partner can file for divorce.
You can prove your residency in one of several ways, including:
- A valid Illinois driver’s license.
- An Illinois address on your federal or state tax return.
- An Illinois vehicle registration card.
- Utility bills with your address on them.
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What if I’m stationed in Illinois?
Military personnel can file for divorce in Illinois without being a resident of the state. If a military serviceperson has been stationed in Illinois for at least 90 days, they can file for divorce in the state.
What happens if residency requirements aren’t met?
If you haven’t lived in Illinois for 90 days, you can still file for divorce. However, a judge cannot issue a divorce decree—the legal document that makes your divorce final and details all of the terms of your divorce—until you or your spouse has lived in the state for at least 90 days.
That said, there’s no harm in filing your paperwork and potentially starting divorce mediation or other negotiations with your spouse to try to reach an agreement on some of the issues of your divorce. This may save you time down the road.
Where and when to file
You may file for an Illinois divorce in the county where you or your spouse resides. You may also file in a different county in the state, however, you need to file a motion and attend a hearing for this request. If you wish to file for divorce in a county where neither you or your spouse reside, an experienced divorce attorney can also discuss the pros and cons of such a decision.
Jurisdiction over custody and child-related matters
While the residency requirement for filing for divorce is 90 days, child custody issues may involve additional jurisdictional considerations under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA). According to this act, Illinois only has jurisdiction over child custody if:
The child lived in Illinois for at least six months before custody proceedings OR
The child no longer lives in Illinois, but they lived there within six months of the start of custody proceedings and one parent still lives there.
This means that, even if you meet the 90-day residency requirement, there’s a chance Illinois may not have jurisdiction over custody matters. If you have any questions about this, speaking with an Illinois family law attorney can help clear up jurisdiction for all matters of your divorce case.
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